HomeMy WebLinkAboutOrdinance No. 20024ORDINANCE NO. 0~0 6~
AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN
ENIINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS FROM
THE GREENWAY BICYCLE BRIDGE NORTH TO THE DELTA HIGHWAY/GREEN
ACRES ROAD INTERSECTION FOR CONSTRUCTION AND MAINTENANCE OF
THE EAST BANK TRAIL BICYCLE/PEDESTRIAN PATH.
The City Council of the City of Eugene finds that:
A. The City Council has authority under provisions of the City charter and applicable state
law to institute proceedings in eminent domain for the acquisition by condemnation of private
property for public purposes, including the improvement and maintenance of City bicycle paths.
B. The Council adoption of the City's Capital lmprovenaent Program authorized the City
Engineer to initiate the design and construction of the East Bank trail bicycle and pedestrian path
from the Greenway Bicycle Bridge to the Delta HighwaylGreen Acres Road
C. ~n determining the location of the Trail, the City has taken into account:
1. The Council directive to locate the path as close as practical: to the willarnette River
and thereby maximize the aesthetic enj oyment for and use by the public;
2. The abjective of minimizing the destruction of mature trees and vegetation and
avoiding disruption existing ponds;
3. The objective of minimizing disruption to existing developable land; and
4. The need to minimize the public cost for this project which is needed to address the
~ansportation and recreational goals of the City.
D. The proposed improvements will be designed in a manner which is the most compatible
with the greatest public good and the least private injury. The proposed improvements are also
incompliance with and in furtherance of the plans and specif cations prepared by the City
Engineer in accordance with provisions of Chapter 7 of the Eugene Code,197I and applicable
polices of the City of Eugene.
THE CITY QF EUGENE DOES GRDAIN AS FC~LLGwS:
Section 1. Based upon the above findings, which are incorporated herein by reference and
hereby adopted, the City Council of the City of Eugene does hereby find, declare, and determine
it necessary to acquire the real property interests more particularly described on Exhibit A
attached hereto and incorporated herein by reference in order to construct and maintain the public
bicycle and pedestrian East Bank Trail in accordance with the design prepared by the City
Engineer and approved by the City Manager.
85
Section 2. The City Council does hereby direct that the City Manager or the Manager's
designee to institute negotiations with affected property owners} to acquire the needed property
interests and institute proceedings in eminent domain for the condemnation of the real property
interests described in Section 1, and, at least 2~ days prior tv the fling of any action for
condemnation to make a written offer to the owners or parties having an interests therein of a
stated amount as compensation therefor and for any compensable damages to remaining
property.
Section 3. The City Council further directs that the City Manger or designee shall obtain for
the City immediate possession of the real property interests described in Section 1 if negotiations
will delay the construction of the described improvements,
Section 4. The City Council hereby declares that the improvements above set forth are for a
public purpose, are necessary for the public welfare, are the most compatible with the greatest
public good and have limited private injury, and are authorized under the laws of the State of
Oregon and Charter and ordinances of the City of Eugene.
Section 5. The City Council fi~rther declares that the real property interests described in
Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date
and, in any event, no later than ten years from the date this C}rdinance is adopted by the Council
and approved by the Mayor.
Passed by the City Council this
f~2'~ day of September, 1995
City Recorder
Approved by the Mayor this
~ ~~~ day of September, 1995
Mayor
86
EXHIBIT A
~ 7-04- ~ 3- ~ 4-OO6oo ~ 7-43- ~ $-23-44 ~ 44
RGSS INVESTMENTS INC EUGENE WATER & ELECTRIC BOARD
3610 GOODPASTURE LAKES LP RD 500E 4TH AVENUE
EUGENE OR 97401 EUGENE GR 97401
17-04-13-00-01500
DELTA PRGPERTY CO
999 DIVISION AVENUE
EUGENE OR 97404
17-04-13-42-00200
ARCHDIOCESE GF PORTLAND
MARIST HIGH SCHOOL -EUGENE
2838 E BURNSIDE ST
PORTLAND OR 97214
17-04-13-42-00200
WILSON DELTA
1900 KINGSLEY ST
EUGENE OR 97401
17-04-24-10-00602
BOULDERS ON THE RIVER INC
6220 E THOMAS RD #202
SCOTTSDALE AZ 85251
17-04-24- I 0-41000
SISTERS QF ST JOSEPH PEACE
HEALTH & HOSPITAL SERVICES
15325 SE 30TH PL STE 300
BELEVUE WA 98007
17-04-24-13 -00101
FAR WEST FEDERAL BANK
421 SW SIXTH AVE
PORTLAND OR 97204
17-04-24-40-00400
COHEN ALLEN M & JOSEPHINE
3 604 AGATE ST
EUGENE OR 97405
17-04-24-40-00500
PACIFIC REALTY ASSOC.
15115 SW SEQUOIA PKWY #200
PORTLAND OR 97224
17-04-24-40-01200
PACIFIC REALTY ASSOCIATES
15115 SW SEQUOIA PKWY #200
PORTLAND OR 97224
17-03-18-23-00201
ROSS INVESTMENT INC
3610 GOODPASTURE LAKES LP RD
EUGENE OR 97401
17-04-13-43-03300
ARCHDIOCESE OF PORTLAND
MARIST HIGH SCHOOL -EUGENE
2$38 E BURNSIDE ST
PGRTLAND QR 97214
17-04-24-1001000
REED PAUL
SACRED HEART
1255 HILYARD ST
EUGENE OR 97401
S~
17-04-24-40-01100
PACIFIC REALTY ASSOCIATES
15115 SW SEQUOIA PKWY #200
PORTLAND OR 97224
17-04-24-40-01500
PACIFIC REALTY ASSOCIATES
15115 S W SEQUOIA PKWY #200
PORTLAND OR 97224
17-04-25-10-00400
WESTCOAST FREEHOLDS
GROSVENOR INTERNATIONAL
100 PINE ST
SAN FRANCISCO CA 94I 11
17-04-24-40-01701
WESTCOAST FREEHOLDS
%GROSVENOR INTERNATIONAL
100 PINE ST
SAN FRANCISCO CA 94111
17-04-13-43-03400
ARCHDIOCESE OF PORTLAND
ETAL
1900 KINGSLEY ST
EUGENE OR 97401
17-04-24-40-00502
PAC WESTERN EXTRUDED
PLASTICS INC
PO BOX 10049
EUGENE OR 97440
17-04-24-40-01600
VOLNY CONSTRUCTION INC
%AMACHER DONALD R
44 W BROADWAY STE 400
EUGENE OR 97401
17-04-24-40-01700
WESTCOAST FREEHOLDS
GROSVENOR INTERNATIONAL
100 PINE ST
SAN FRANCISCO CA 94I 11
17-04-25-10-003 00
WESTCOAST FREEHOLDS
%MONTOGOMERY WARD & CO INC
ADVALOREM TAB INC
209 S MAIN ST #100
MT PROSPECT IL 40059
88
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III. ACTION: EAST BAND TRA M
Christine Andersen, Public Works Director, introduced the topic and reviewed
the information an the agenda summary, including funding issues and answers to
questions raised at the April IO public hearing.
Responding to a question from Ms. Swanson Gribskov, Ms. Anderson confirmed
that the entire bikepath project could be completed within a three-or-four-
year time period with funding from a variety of sources.
Mr. Farr pointed out that there were approximately 5,200 residents and I,~oO
employed persons in the subject area that would have access to the bike trail
with the proposed pro0ect.
Ms. Nathanson moved, seconded by Mr. Laue, to affirm the construc-
tion far the East Bank Trail following the alignment identified in
the adopted Bikeways Master Plan, from the Greenway Bicycle bridge
to the Delta/Green Acres intersection, utilizing available re-
sources to: 1} maximize the length of constructed path; 2}
eliminate physical barriers for bicyclists; and 3} make viable
connections to the existing transportation system.
Ms. Swanson Gribskov moved, seconded by Ms. Keller, to amend the
motion by replacing ~} with acquire necessary easements for full
improvement of the trail.
Ms. Swanson Gribskov indicated that her amendment was intended to reaffirm for
r-;.:, staff and the community the counci 1's intent to build the entire bikepath,
including providing the resources to accomplish it.
Ms. Keller expressed support for the amendment, saying it clearly restated the
caunc~l's commitment to building the entire bikepath.
Mr. Boles urged support of the amendment.
Addressing a question from Mr. Torrey, City Attorney Glenn Klein said that for
the purposes of this matter, there was no distinction between the use .of the
word nacquire" and negotiate." Bath words would direct staff to acquire,
either through negotiation or other legal means, the easements necessary. In
response to , a fol 1 ow-up question, Ms . Andersen said that the alignment
~ dents f ~ ed ~ n the B~ keways Master Plan would be fol l awed, with any adjustments
to that alignment coming back before the council for approval.
Ms. Nathanson noted that. the amendment gave administrative flexibility to do
acquisitions and constructions in the best order to get the trail completed.
She added that the council was approving a general alignment and allowing for
flexibility in the specific design of the path, mitigating some of the
perceived or real negative impacts.
Mr. Farr expressed support far the amendment.
MINUTES--Eugene City Council April I2, I995 Page 4
1I:30 a.m.
9~
The motion to amend passed unanimously, 8:G.
Mr. Torrey maned, seconded by Mr. Farr, to amend the motion by
adding anew #~ hand reordering the others} reading "first moneys
would be used to construct a path from Owosso to Green Acres.
Mr. Torrey said it was apparent that the community wanted to proceed with
completion of the bikepath. He explained that the Route Selection Principles
in the Bikeways Master Plan called far locating routes which "provide service
and safety to bicyclists destined to schools, major recreational sites, hubs
of high activity such,as University of Oregon, downtown Eugene, and valley
River Center." He said that the 5,200 people that live in the subject area
have to ride 3.l miles to get to the Owosso bike bridge, on a route which he
believed was dangerous. He said it was reasonable to take the path north
first and acquire the balance of the right-of-way easements second; and if the
caunci 1 chooses not to acquire the easements with the remaining funds, he
suggested taking the route from the Greenway Bridge north and tying it in to
the pond, then out to Goodpasture Island Road.
Mr. Boles was unsupportive of the amendment, saying it overly constrained
staff in developing a sequence and the body had just voted to hold to the
current alignment.
Ms. Keller was also unsupportive.
Mr. Farr said the section of the bikepath in question, in his opinion would be
the most attractive. He added that he hoped the council would consider
extending the bikeway system out to his ward eventually.
Ms. Nathanson said it was a question of equity and given the indication from
staff that the entire bikepath would be complete within four years, she
supported the amendr~ent.
Ms. Swanson Gribskov said she opposed the amendment in recognition that staff
needed as much latitude as possi b7 a to complete the project.
The motion to amend failed, 6:2; with Ms. Nathanson and Mr. Torrey
voting in favor.
Mr. Bales called for the question. The motion to vote immediately
passed, 6:2; with Mr. Hvrnbuckle and Ms. Nathanson opposed.
The main motion passed unanimously, as amended, 5:0.
Mr. Torrey indicated he voted i n favor to 1 save open the pass i bi 1 i ty of voting
to reconsider at the next meeting.
The council interrupted further discussion on this item to accommodate
visiting legislators.
MINUTES--Eugene City Council April 12, I995 Page 5
11:3o a.m.
9~
IV. 5TATE REPRESENTATIVE CYNTHIA ~#4aTEN AND STATE TREASURER JIM HILL-~
AFFORDABLE HOUSING
State Treasurer Jirn Hill indicated that the reason for his visit was to
commend the City,far its efforts to provide affordable housing. He acknowl-
edged the sacr~f~ces the City has made and said that the State is trying to do
everything possible to find away within its investment policy to~invest in
affordable housing. Representative Wooten added that the potential exists
within the Public Employees Retirement Fund through investments in the
secondary market, thereby making millions of new dollars available so that the
State would become a joint venture partner with cities, housing authorities,
nonprofit and private developers.
Mr. Boles said he was mast excited about the prospect, calling it an appropri-
ate use of State funds and many in the comr~unity were poised to take advantage
of funding almost instantly.
Other councilors thanked Rep. Wooten and Treasurer Hill. Ms, Keller added the
activity not only created housing but employed many in the community.
Addressing a question from Ms. Swanson Gribskov, Mr. Hill said funding would
likely be realized within the next year.
III. ACTION: EAST BANK TRAIL (CONTINUEDI
Ms. Nathanson moved, seconded by Mr. Laue, to direct staff to
bring back an ordinance initiating eminent domain procedures for
easement acquisition.
Ms. Swanson Gribskov said her intent was to provide staff with the maximum
negotiating position and to get the Item off the councils "table."
Ms. Keller noted that this was also done an Agri 1 14 for the bi kepath i n west
Eugene not with the intention of necessarily moving forward with condemnation,
but to provide a structure for staff.
Mr. Boles expressed support far the reasons already stated. ~'
Mr. Hornbuckl a expressed support, adds ng that to da otherwise would al 1 ow
privatization of the river.
The motion passed unanimously, 5:4.
Addressing a question from Ms. Nathanson, Mr. Klein said the ordinance was the
first step in the process of an eminent domain proceeding. Without the
ordinance, the City Manager and City Attorney would have na authority to begin
condemnation proceedings. In response to a follow-up question, staff said
supporting the motion would not impact their flexibility in building the
b~kepath ~n whatever pattern made the mast sense.
MINUTES--Eugene City Council April 1Z, 1995 page 6
I1:30 a,m.
93
Mr. Laue expressed support for the motion, noting the issue would come back
before the council in any case.
v. BALLOT REGARDING CENTENNIAL CAR CAMP
Ms. Nathanson moved, seconded by Mr. Laue, to authorize staff to
use up to X10,000, previously identified for punning for a
permanent emergency shelter site, to continue the car camp until
the end of May.
Ms. Keller said Sacred Heart made a X5,000 donation to the camp, resulting in
a reduction of the need to X5,000 and offered the fallowing friendly amend-
ment: to reduce the figure to X5,000. Bath the maker and the second accepted
the friendly amendment.
The motion was unanimously approved as amended, 8:0.
Ms. Nathanson moved, seconded by Mr. taue, to terminate the City
of Eugene's position of primary responsibility for coordinating
and funding a car camp for homeless people fat l owl ng closure i n
May, and to continue to refer the need to the intergovernmental
Human Services Committee ~IHSC~ which programs services and allo-
cates funds for meeting emergency and basic human needs.
Ms. Keller expressed concern that the City would deal with the repercussions
of not having the car camp, including public safety costs.
Mr. Torrey expressed support, adding he was not opposed to doing "our" share.
Ms. Nathanson pointed out that her motion suggested apposition to having the
rimar responsibility and it did not preclude the City from being part of the
solution. She said the amount of money spent on start-up and closing the car
camp could have produced several units of affordable housing. She added that
the motion suggests something that is within the iHSC charge.
Mr. Boles said he supported the motion as this was an intergovernmental issue.
Mr. Hornbuckle invited the council to testify at the IHSC public hearing on
funding allocations at 1:30 p.m. an April 13. He said other jurisdictions
would continue to reject funding requests sa long as the City continued to
take the responsibility.
Mr, lane said he supported the motion and indicated that the ~HSC public
hearing would be held i n the Springfield City Hal ] Conference Room i n the
Library.
The motion passed unanimously, 8:0.
MINUTES--Eugene City Council April 12, 1995 Page l
1i:30 a.m.
94